• Title/Summary/Keyword: designation system

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A Study on the Protection and Management System of the Southwestern Coast Tidal Flat for Inscription in the World Heritage List (서남해안 갯벌의 세계유산 등재를 위한 보호 및 관리체계 연구)

  • Moon, Kyong-O
    • Korean Journal of Heritage: History & Science
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    • v.48 no.3
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    • pp.80-95
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    • 2015
  • The purpose of this study is to establish an effective protection and management system for World Heritage (WH) nomination of Southwestern Coast Tidal Flat (SCTF) by proposing a model of protection and management. SCTF has a potential to become a representative best practice to achieve a sustainable development for human society. SCTF has a potential Outstanding Universal Values (OUVs) for WH nomination, thus a harmony between human and nature for wise use of natural resources needs to be pursued. It is required to present the system of SCTF's protection and management and to analyze present status of the regions in the Tentative List by comparing the case which were already inscribed as WH. For better protection of nominated areas, SCTF should expand an area for protection with additional designation. For the management system, two separate management systems such as the Department of Culture & Tourism and the Department of Oceans & Fisheries need to be reconciled. Because of this overlapping management structure, the management of the nominated sites has been inefficient and long-term management plan is lacking. Therefore, it is necessary to integrate conflicting management system of each local government and make a long-term, integrated management plan. To make an efficient and sustainable protection and management, it is essential to set up a collaboration system by integrating various stakeholders such as central and local governments, academic organizations, local residents, and NGOs. As in the case of Wadden Sea, the combined community system of the stakeholders mentioned above should be established. Because it is essential for local residents to understand a basic concepts for protection and management, it is necessary to establish capacity-building of local people. The protection and management structure should be set up by bottom-up processes, that is the proper structure shoud be based on thorough research on local society as well as thorough communication with local residents to make relevant laws and policies. This study also propose the proper plan for better conservation and management of SCTF.

A Study on Improvement on National Legislation for Sustainable Progress of Space Development Project (우주개발사업의 지속발전을 위한 국내입법의 개선방향에 관한 연구)

  • Lee, Kang-Bin
    • The Korean Journal of Air & Space Law and Policy
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    • v.25 no.1
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    • pp.97-158
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    • 2010
  • The purpose of this paper is to research on the contents and improvement of national legislations relating to space development in Korea to make the sustainable progress of space development project in Korea. Korea has launched its first satellite KITST-1 in 1992. The National Space Committee has established "The Space Development Promotion Basic Plan" in 2007. The plan addressed the development of total 13 satellites by 2010 and the space launch vehicle by 2020, and the launch of moon exploration spaceship by 2021. Korea has built the space center at Oinarodo, Goheng Province in June 2009. In Korea the first small launch vehicle KSLV-1 was launched at the Naro Space Center in August 2009, and its second launch was made in June 2010. The United Nations has adopted five treaties relating to the development of outer space as follows : The Outer Space Treaty of 1967, the Rescue and Return Agreement of 1968, the Liability Convention of 1972, the Registration Convention of 1974, and the Moon Treaty of 1979. All five treaties has come into force. Korea has ratified the Outer Space Treaty, the Rescue and Return Agreement, the Liability Convention and the Registration Convention excepting the Moon Treaty. Most of development countries have enacted the national legislation relating to the development of our space as follows : The National Aeronautic and Space Act of 1958 and the Commercial Space Act of 1998 in the United States, Outer Space Act of 1986 in England, Establishment Act of National Space Center of 1961 in France, Canadian Space Agency Act of 1990 in Canada, Space Basic Act of 2008 in Japan, and Law on Space Activity of 1993 in Russia. There are currently three national legislations relating to space development in Korea as follows : Aerospace Industry Development Promotion Act of 1987, Outer Space Development Promotion Act of 2005, Outer Space Damage Compensation Act of 2008. The Ministry of Knowledge Economy of Korea has announced the Full Amendment Draft of Aerospace Industry Development Promotion Act in December 2009, and it's main contents are as follows : (1) Changing the title of Act into Aerospace Industry Promotion Act, (2) Newly regulating the definition of air flight test place, etc., (3) Establishment of aerospace industry basic plan, establishment of aerospace industry committee, (4) Project for promoting aerospace industry, (5) Exploration development, international joint development, (6) Cooperative research development, (7) Mutual benefit project, (8) Project for furthering basis of aerospace industry, (9) Activating cluster of aerospace industry, (10) Designation of air flight test place, etc., (11) Abolishing the designation and assistance of specific enterprise, (12) Abolishing the inspection of performance and quality. The Outer Space Development Promotion Act should be revised with regard to the following matters : (1) Overlapping problem in legal system between the Outer Space Development Promotion Act and the Aerospace industry Development promotion Act, (2) Distribution and adjustment problem of the national research development budget for space development between National Space Committee and National Science Technology Committee, (3) Consideration and preservation of environment in space development, (4) Taking the legal action and maintaining the legal system for policy and regulation relating to space development. The Outer Space Damage Compensation Act should be revised with regard to the following matters : (1) Definition of space damage and indirect damage, (2) Currency unit of limit of compensation liability, (3) Joint liability and compensation claim right of launching person of space object, (4) Establishment of Space Damage Compensation Council. In Korea, it will be possible to make a space tourism in 2013, and it is planned to introduce and operate a manned spaceship in 2013. Therefore, it is necessary to develop the policy relating to the promotion of commercial space transportation industry. Also it is necessary to make the proper maintenance of the current Aviation Law and space development-related laws and regulations for the promotion of space transportation industry in Korea.

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The Party's Autonomy Principle on the Choice of the Applicable law to International Commercial Arbitral Awards - Focus on the Choice of the Lex Rercatoria and the Possibility of $d\acute{e}pe\c{c}age$ by the Party - (국제상사중재판정의 준거법선택에 있어서 당사자자치의 원칙 - 당사자에 의한 lex mercatoria의 선택과 준거법 분할지정의 가능여부를 중심으로 -)

  • O, Seog-Ung
    • Journal of Arbitration Studies
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    • v.17 no.1
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    • pp.117-136
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    • 2007
  • Currently, it is the general trend that the party's autonomy principle is applicable in determining the applicable law for the international private law and the international commercial arbitration. The purpose of this article is to make research on the party's autonomy principle for the international commercial arbitral awards. For this purpose ist to analyse regal issue the applicability of the lex mercatoria and the possibility of $d\acute{e}pe\c{c}age$ relating to the party autonomy. In this Article ist dealt with Art. 29 para. 1 of the Korean Arbitration Act in comparison with Art. 28 para. 1 UNCITRAL Model Law and Art. 1051 para. 1 of the German Code of Civil Procedure. The Art. 28 para. 1 UNCITRAL Model Law and Art. 1051 para. 1 of the German Code of Civil Procedure provides equally. "The arbitral tribunal shall decide the dispute in accordence with such 'rules of law' as chosen by the parties as applicable to the substance of the dispute. Any designation of the law or legal system of a given State shall be construed, unless otherwise expressed, as directly referring to the substantive law of that State and not to its conflict of laws rules." The term 'rule of law' used to describe the applicability of the lex mercatoria and the possibility $d\acute{e}pe\c{c}age$. Unlike Art. 28 para. 1 UNCITRAL Model Law and Art. 1051 para.1 of the German Code of Civil Procedure. Act, Art. 29(1) of the Korean Arbitration Act provides that the arbitral tribunal shall decide the dispute in accordence with the 'law' chosen by the parties as applicable to the substance of the dispute. However the majority view in Korea takes the position that the term 'law' should be interpreted broadly so as to encompass 'rules of law' at UNCITRAL Model Law and the German Code of Civil Procedure.

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A Comparative Study on the Natural Monument Management Policies of South and North Korea (남.북한의 천연기념물 관리제도 비교)

  • Na, Moung-Ha;Hong, Youn-Soon;Kim, Hak-Beom
    • Journal of the Korean Institute of Landscape Architecture
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    • v.35 no.2 s.121
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    • pp.71-80
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    • 2007
  • Korea began preserving and managing natural monuments in 1933 under Japanese Colonization, but North Korea and South Korea were forced to establish separate natural monument management policies because of the division after the Korean Independence. The purpose of this study is to compare and analyze the natural monument management policies of both south and North Korea between 1933 and 2005 to introduce new policies for Korea unification. The following are the results: First, South Korea manages every type of cultural asset, including natural monuments, through the 'Cultural Heritage Protection Act,' whereas North Korea managing its cultural assets through the 'Cultural Relics Protection Act' and the 'Landmark/Natural Monument Protection Act.' Second, South Korea preserves and utilizes natural monuments for the purpose of promoting the cultural experience of Korean people and contributing to the development of world culture, whereas North Korea uses its natural monuments to promote the superiority of socialism and protect its ruling power. Third, North and South Korea have similar classification systems for animals, plants, and geology, but North Korea classifies geography as one of its natural monuments. Unlike South Korea, North Korea also designates imported animals and plants not only for the preservation and research of genetic resources, but also for their value as economic resources. Fourth, North Korea authorizes the Cabinet to designate and cancel natural monuments, whereas South Korea designates and cancels natural monuments by the Cultural Heritage Administration through the deliberation of a Cultural Heritage Committee. Both Koreas' central administrations establish policies and their local governments carry them out, while their management systems are quite different. In conclusion, it is important to establish specified laws for the conservation of natural heritages and clarified standards of designation in order to improve the preservation and management system and to sustain the diversity of natural preservation. Moreover it is also necessary to discover resources in various fields, designate protection zones, and preserve imported trees. By doing so, we shall improve South Korea's natural monument management policies and ultimately enhance national homogeneity in preparation for the reunification of the Koreas in the future.

Recent Trends in Access to and Sharing of the Benefits of Genetic Resources (ABS) in Japan - in connection with the adoption of the Nagoya Protocol (일본의 '유전자원 접근 및 이익 공유(ABS)'에 관한 최근 동향 - "나고야의정서"의 채택과 관련하여 -)

  • Lee, Min-Ho
    • Korean Journal of Oriental Medicine
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    • v.18 no.2
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    • pp.1-16
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    • 2012
  • Objectives : The 10th Conference of the Parties to the Convention on Biological Diversity (COP 10) was held in Nagoya, Japan in October 2010, during which an international convention on access to genetic resources and conventional knowledge and sharing of benefits thereof was adopted. The Oriental Medicine field uses medicinal herbs based on genetic resources, as well as traditional knowledge about genetic resources. As such, if Korea, China and Japan compete over the ownership of such traditional knowledge, it will almost certainly trigger disputes over the payment of royalties among other problems. Notably, since the traditional medicine industry is closely related with China, it is highly likely this will adversely affect Korea's production of medicines using natural materials, including Korean herbal doctors' prescription, formulation and preparation of medicinal herbs. Methods : This study also analyzed the recent situation in Japan, which is the chair nation of the Nagoya Protocol and a member nation like Korea. It analyzed the Japanese people's awareness of the Nagoya Protocol and its strategies in the two years since its adoption, as well as the Guidelines for Genetic Resources, which were newly revised in 2012. Conclusions : The Nagoya Protocol requires the preparation of legislative and administrative measures and policies in order to pave the way for sharing the benefits deriving from the use of genetic resources and the relevant traditional knowledge with the providers of such resources. Thus, corresponding domestic legal measures need to be taken. Such measures include the refining of the procedure of accessing genetic resources, the designation of liaison offices, a competent agency and a supervisory agency, and the building of a system designed to issue internationally acknowledged certificates. It is also important to operate related professional consulting offices, as is the case in Japan. In addition, in the case of genetic resources, there is a need to seek multinational and bilateral cooperation including free trade agreements. Regarding traditional knowledge about genetic resources, measures need to be prepared to enable the three East Asian countries, namely, Korea, China and Japan, to commonly use ancient literature on Oriental medicine and to claim exclusive rights to such intellectual properties. Notably, with China now moving to expand the scope of traditional knowledge through the WIPO, Korea needs to prepare response measures.

A Study on the Designation of MIPO Emergency Ancho (미포항 비상정박지 지정에 관한 연구)

  • Lee, Yun-Sok;Kim, Jong-Sung;Park, Jun-Mo;Yun, Gwi-Ho
    • Journal of the Korean Society of Marine Environment & Safety
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    • v.18 no.4
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    • pp.316-322
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    • 2012
  • In the port of Ulsan with the area of harbor limit of $83km^2$, 25,432 vessels have been entering annually and only 35 vessels can anchor simultaneously at the anchorage. The area of harbor limit of Ulsan constitutes just 65 percent compared to $127.5km^2$ which is an average of main ports in Korea. In this regard, the port of Ulsan needs to expand the area of anchorages inevitably for enhancing the efficiency of port operation. To select the best anchorage area in Mipo harbor with the introduction of a concept of emergency anchorage, this study analyzed the safety of navigation and anchorage, and safety management, etc. in the prospected anchorage on the basis of the marine traffic survey observing traffic density. Furthermore, after drawing preliminary and final schemes through gathering the opinions from maritime users, safety management organizations and academic experts group, the best arrangement of emergency anchorage has been selected through the conference of interested parties. Then, the final scheme was also verified through figuring out the marine traffic system and carrying out the ship handling simulation.

A Study of Category Standardization according to Non-benefit Medical Expense in Tertiary Hospitals (상급종합병원 비급여 진료비 변이에 따른 항목 표준화에 관한 연구)

  • Roh, Ock-Hee;Ahn, Sang-Yoon;Kim, Yong-Ha;Lee, Chong Hyung;Park, Arma;Kim, Kwang-Hwan
    • Journal of the Korea Academia-Industrial cooperation Society
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    • v.21 no.5
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    • pp.274-280
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    • 2020
  • The purpose of this study was to identify the average cost and present status of non-benefit medical expenses by using the data of tertiary hospitals released by the Health Insurance Review and Assessment Service(HIRA), and to compare the data to find cost variations. The target of analysis was the present status of the non-benefit medical expenses reported by 41 tertiary hospitals among the 44 previously designated hospitals (three were excluded due to revocation or new designation) for 2015, 2016, 2017, and 2018 (until April). This study was conducted after approval of using the released data of the HIRA's data opening system. This study was analyzed by its general characteristics, annual non-benefit medical expenses by frequency analysis, and annual understanding of variation by designating Coefficient of Variation (C.V.). The research found out that the number of details of non-benefit medical expense was gradually increased: the numbers of categories were 51 in 2015, 53 in 2016, and 98 in 2017, but there was a rapid increase in 2018 by 193. As a result, to standardize non-benefit medical expense items across tertiary hospitals due to their variations in the expenses, the government should expand standardized non-benefit medical expenses and make it mandatory for medical institutions to use the standardized items or names of such expenses.

A Study on Implementation of IMSAS and Response Plan of the Republic of Korea (IMO 회원국감사제도의 시행과 대한민국의 대응 방안에 대한 고찰)

  • Chae, Chong-Ju
    • Journal of the Korean Society of Marine Environment & Safety
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    • v.24 no.6
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    • pp.717-725
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    • 2018
  • IMO developed VIMSAS for effective application of IMO instruments related to maritime safety and environmental protection and was implemented from 2006 to 2016. Based on this, the purpose and procedures of VIMSAS applied to IMO member states by trial, and IMSAS was enforced from January 1st 2016. IMSAS was implemented to ensure that IMO Member States, such as flag states, coastal states and port states that ratified the IMO Convention, are properly performing their given responsibilities and to ensure the effective implementation of the IMO instruments through the improvement of identified non-conformities. In this study, the auditing contents and procedures were verified based on IMO documents in order to prepare for the IMSAS audit of Republic of Korea scheduled for 2020. For this purpose, this study proposed an update of a directory, development of monitoring system for information reporting required by IMO instruments, designation of relevant experts, preparation of an English version of related national laws, training of IMSAS auditors and establishment of an IMSAS audit response team for audit of IMSAS in 2020 by referring to the results of the VIMSAS for Republic of Korea, major findings of the VIMSAS of other IMO member states, and Consolidated Audit Summary Report (CASR), which was submitted at the 5th IMO III sub-committee.

Research for Current Status of Protected Area in Korea and World Protected Area Designation - Focused on sacred natural sites designated as scenic site & natural monument - (국내 보호지역의 현황 및 세계보호지역 설정을 위한 기초연구 - 명승·천연기념물로 지정된 보호지역을 중심으로-)

  • Kim, Jae-Ung;Kim, Seung-Min
    • Journal of the Korean Institute of Traditional Landscape Architecture
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    • v.32 no.3
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    • pp.191-200
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    • 2014
  • This study aims to analyze the current status of government-designated cultural heritage that are protected as sacred natural sites, focused on natural monuments and scenic sites, and provide basic research for these cultural heritage to be included in the protected area category. First, among natural cultural heritage that are designated and protected by Cultural heritage Protection Law, there are 40 scenic sites and 126 natural monuments that have been selected as sacred nature sites. Second, the study showed that sacred nature sites are sacred places that have been long associated with happiness and misfortune of the villagers, including Dangsan Forest, Seunghwanglim(Forest), and, as physical environment and combination of cultural value, rules, and attitude and belief system toward the land that protect the people. The unique folk beliefs of the region provide strong protection of the place. Third, although the natural monuments of old and large trees are not included in the protected area as they are recognized sparsely, but can be designated as world protected area as protected areas are set around sacred nature sites. Fourth, in order to be included in IUCN category, sacred natural sites of scenic sites will need to be managed by specific categories of each area according to the interior status of the designated areas and maintain the sustainability of the natural heritage by protecting both physical and spiritual elements.

Integrated Security Management with MCGA in IPv6 Network (IPv6 네트워크 환경에서 MCGA를 고려한 통합적인 보안관리 방안)

  • Oh, Ha-Young;Chae, Ki-Joon;Bang, Hyo-Chan;Na, Jung-Chan
    • The KIPS Transactions:PartC
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    • v.14C no.1 s.111
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    • pp.27-38
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    • 2007
  • IPv6 has appeared for solving the address exhaustion of IPv4 and for guaranteeing the problems of security and QoS. It occurs the unexpected new attacks of IPv6 as well as the existing attacks of IPv4 because of the increasing address space to 128bits and the address hierarchies for efficient network management and additions of the new messages between nodes and routers like neighbor discovery and auto address configuration for the various comfortable services. For the successful transition from IPv4 to IPv6, we should get the secure compatibility between IPv4 hosts or routers working based on secure and systematic policy and IPv6. Network manager should design security technologies for efficient management in IPv4/IPv6 co-existence network and IPv6 network and security management framework designation. In this paper, we inspected the characteristics of IPv4 and IPv6, study on security requirement for efficient security management of various attacks, protocol, service in IPv4/IPv6 co-existence and IPv6 network, and finally suggest integrated solution about security vulnerability of IPv6 network in considering of analysis of IPv6 system, host and application, IPv6 characteristics, modified CGA(MCGA).